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Tanzania decisions
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The High Court at Tabora dismissed an application for extension of time, holding it was barred by res judicata because limitation had already been determined.
The High Court Land Division dismissed a suit as res judicata after finding it had already been finally determined in an earlier land case.
Restoration of an application dismissed for being time-barred is not maintainable; the proper remedy is appeal, review, or revision, not a fresh application for restoration.
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The High Court at Mwanza dismissed an application for extension of time to appeal, holding that it was an abuse of court process because the second applicant was wrongly joined.
The application is not an abuse of court process as execution has not been completed; the applicant and 4th respondent are distinct legal entities; the applicant is entitled to intervene and seek revision. The preliminary objection lacks merit and is dismissed.
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The High Court refused to extend time for a land revision application, finding the applicant had known of the earlier tribunal decision for years and had not shown sufficient cause.
The application is constructively res judicata due to non-joinder of Kuringe Real Estate Company, the necessary party, and because the subject matter and parties are substantially the same as in the previous suit which was dismissed for want of prosecution. Dismissal for want of prosecution bars subsequent proceedings on the same cause of action and subject matter. The preliminary objections are upheld and the application is dismissed with costs.
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The appeal is incompetent because it was filed while a prior dismissal order by the High Court on the same matter exists; the High Court lacks jurisdiction to entertain another appeal of similar nature after dismissal.
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The Tribunal dismissed the appellant's application without affording her the right to be heard, violating constitutional and procedural rights, rendering the proceedings and dismissal a nullity.
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The appellants were not denied the right to be heard as they were present and addressed the tribunal; the 1st appellant had no interest in the suit property and was not prejudiced by the consent judgment; the application for extension of time to review the consent judgment was an abuse of court process as there was no evidence of misrepresentation, fraud, or mistake; and the tribunal assigned reasons for its decision.
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